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Apple Sues Amazon.com Over App Store Trademark
tekgoblin writes "Apple is suing Amazon.com over the use of Apple's trademarked App Store name in their mobile software developer program. Apple filed the suit back on March 18th, which detailed the trademark infringement and unfair competition which Apple felt was happening. Apple's statement in the suit reads: 'Amazon has begun improperly using Apple's App Store mark in connection with Amazon's mobile software developer program.' Apple also said, 'We've asked Amazon not to copy the App Store name because it will confuse and mislead customers.'"
hey Amazon, want to reconsider that one-click patent?
Non impediti ratione cogitationus.
Seriously, they added "store" to a word we've been using in the industry for decades. Surely there's no merit in this...
The term "application shop" was used for Symbian's shop for quite a while before Apple appeared with its iPhone, "shop" being a simple translation of the US English "store". And "app" has been a generic abbreviation for "application" at least since the late '80s on Acorn's RISC OS, newsgroup comp.sys.acorn.apps being proposed in early 1995.
You can argue that translations are irrelevant but this is not always so across the world. Regardless, it is ethically questionable to suggest that a generic phrase should become a trademark just because a word has been translated to another dialect of English.
What is more, the term "app store" is clearly descriptive and non-distinctive as far as UK registration eligibility goes.
Frankly, I'm surprised you can recall your birth experience so vividly.
There's an App for that!
Trademark law states that any potential mark violations must be enforced. Apple may very well think suing Amazon over this is as stupid as everyone else, but the law says they have to do it anyway, else lose their rights to the trademark altogether.
Windows is a generic term too. My Mac has windows. My Linux system has windows. Even my house has windows. That doesn't mean I can call my operating system Windows.
Windows is a generic term in certain uses. You can call the underlying x window system a 'window', and multiples of it 'windows'. You cannot call your OS Windows. That's not the same. You're comparing Apples and Oranges (pardon my pun).
Unfortunately, there is no limitation that prohibits people who lack friends from using or posting on slashdot.
---jstlook ---For that is the way of Elves, for they say both yes AND no, and mean every word of it. --- J.R.R.T.
I was always under the impression it was called the iTunes App Store. Although I realize my opinion has no weight in the larger scheme of things, I'd see a problem if Amazon called it the aTunes App Store or something...but App Store in the American vocabulary does not mean iTunes App Store. My mom calls the Android Market the app store. I don't see anyone getting confused, as most people call any application distribution platform an app store.
And by the way, Google's app store is called the Android Market, which is very specific, and leaves no confusion about what it is. Amazon can open a 'market' or an 'amazon market' but they can't open an Android Market.
Trade marks aren't awarded. They are claimed, and sometimes registered to strengthen that claim.
This is not about the word app -- it's about the phrase App Store (or appstore, or any permutation involving spaces between the two words and capitalization).
Modifying your own query, we get zero results for "app store" in the given date range, but 18,000+ results if we're not date-restricted.
This is not the first time a company has trademarked or otherwise branded a simple phrase. What if Budweiser used, "Good to the last drop" as their motto (it's Maxwell House's motto)?
Personally, I do think Apple's being pretty juvenile, but they were the first ones to use the phrase App Store with real success.
In related news, Apple has sued the Sunnyside Day Care pre-school for allowing one Benjamin Turner, age 4, to bite into an apple in such a way as to result in a mark that too closely resembles Apple's trademarked logo. Apple states that they are "in favor" of children eating healthy snacks, particularly apples, but that they are compelled to protect their intellectual property, lest another child mistakes Turner's apple for Apple's logo and attempts to eat the industry giant's products, website or marketing materials. Turner was napping and unavailable for comment.
Since we can trademark our stores based on what we sell, I'm off to trademark hardware store, clothing store, electronics store, video game store, grocery store, and music store.
Unfortunately, you're confused between patents and trademarks. Prior art can make patents invalid after being granted. But prior use does not make trademarks invalid once they've been granted.
The prior use of "AppStore" as an unregistered trademark by SalesForce.com gives SalesForce.com the right to continue using the mark. But it doesn't invalidate Apples's registered trademark, nor does it in any way give Amazon the right to use the mark.
But Salesforce.com didn't register it as a trademark. The prior use means that Salesforce.com can continue using "AppStore" as a mark. But it doesn't invalidate Apple's registered trademark. Apple still has the right (and the duty if they want to keep their trademark live) to prevent companies other than Salesforce.com using the mark.